Under federal law, you may also have the right to take additional unpaid time off from work: Some workers who work for employers with more than 50 employees may take up to 12 weeks of unpaid leave each year to care for themselves or a family member or to bond with a new child. The leave may be taken all at once or from time to time.

Starting January 2018, most workers in New York will be eligible to take paid family leave to bond with a new child, care for a close relative with a serious health condition, or address certain military family needs. The amount of leave and pay will phase in over four years, starting at eight weeks paid at 50% of the worker’s salary in 2018.

New York State Paid Family Leave 844-337-6303 | ny.gov, Search "Paid Family Leave"

Right to Organize

You can join together with your coworkers in a range of activities about work issues that matter to you, including whether you want to be represented by a union. Employers cannot threaten, discriminate against, or otherwise take action against you for organizing or talking with your coworkers about working conditions.

If you are a freelance worker in NYC, you have legal rights that include:

Written ContractAll contracts worth $800 or more must be in writing. This includes all agreements between you and the hiring party that total $800 in any 120-day period. The written contract must spell out the work you will perform; the pay for the work; and the date you get paid. You and the hiring party must keep a copy of the written contract.

Timely PaymentThe hiring party must pay you for all completed work. You must receive payment on or before the date that is in the contract. If the contract does not include a payment date, the hiring party must pay you within 30 days after you complete the work.

Right to SueYou can sue the hiring party in court to seek damages. If you are not timely paid for your work, you have a right to collect double the amount you weren’t paid, damages for retaliation, and payment of attorneys’ fees and costs.

Apparel workers must be paid at least the state hourly minimum wage and overtime, even if they are performing piecework. Employers must register with the New York State Department of Labor to operate in New York.

Depending on the type of building you work in, you may be covered by a law that requires your employer to pay a wage rate higher than the minimum wage.

For more information, visit labor.ny.gov and search “building service industry.”

NYC’s Displaced Building Service Workers Act requires certain new building owners, managers, contractors, and commercial lessees to retain pre-existing building service employees for a 90-day transition period. At the end of the transition period, you must be offered continued employment if the new employer considers your performance to be satisfactory.

If you are a construction worker in New York State, you are generally considered to be an employee protected by workplace laws. You can seek legal advice if you are a construction worker being treated as an independent contractor.

For more information, visit labor.ny.gov and search “construction workers.”

Domestic Workers

If you are a domestic worker, the New York Domestic Workers’ Bill of Rights provides you with the right to overtime pay, a weekly day of rest, three paid days of rest each year, and protections from sexual and racial harassment. The City’s Paid Sick Leave Law provides you with an additional two paid sick days each year on top of the three annual paid days of rest.

Contact the Paid Care Division within DCA’s Office of Labor Policy & Standards for information about rights and resources:

For more information, visit labor.ny.gov and search “domestic worker.”

Fast Food Workers

As of December 31, 2016, the minimum wage for fast food workers was $12.00 per hour. Below are minimum wage rates in 2017 and 2018.

Rate Schedule

12/31/17

12/31/18

$13.50

$15.00

For more information, visit labor.ny.gov and search “fast food workers.”

Government Contract Work

Certain businesses that contract with government agencies to complete public works projects or perform certain services may be required to pay employees either a “prevailing wage rate” or “living wage rate,” which are higher than the minimum wage and provide benefits or an additional wage supplement.

If you work at a grocery store that is sold, the former owner must notify you about the change in ownership and your employment rights. Following the sale, the new owner is required to keep all of the existing staff employed at the store for at least 90 days after the date of sale. After 90 days, the new owner can decide whether or not to keep any of the existing workers as employees.

There are special wage rates and rules for workers who receive tips. In order to qualify to use these rates, an employer must give workers advance notice that they are claiming the tip credit, and they cannot take any part of your tips.